TWN Info Service on WTO and Trade Issues (Oct20/02)
2 October 2020
Third World Network

Rules chair to hold another round of fisheries talks from 5 October
Published in SUNS #9202 dated 2 October 2020

Washington DC, 1 Oct (D. Ravi Kanth) – Despite the apparent setback suffered in resolving the form and institutional arrangement of the proposed new fisheries subsidies agreement, the chair of the Doha rules negotiations has scheduled meetings from 5 October on issues concerning definitions, exemption for natural disasters, and territoriality in the context of dispute settlement, negotiators told the SUNS.

In an attempt to finalize a partial agreement by the end of the year following a recent call from the G20 trade ministers, the chair, Ambassador Santiago Wills from Colombia, held a meeting on 29 September to resolve the form and institutional arrangement of the proposed Doha fisheries subsidies agreement.

However, at that meeting, Members conveyed to the chair that it is inappropriate at this time to discuss whether such an agreement should be a standalone mechanism or an annex to the WTO’s Agreement on Subsidies and Countervailing Measures (ASCM), said trade envoys, who asked not to be quoted.

Notwithstanding the lack of consensus at that meeting on the form and institutional arrangement of the fisheries subsidies agreement, the chair intends to press ahead with another round of intense meetings from 5 October.

In his latest email sent to members on 28 September, Ambassador Wills informed that during 5-8 October, delegates are free to organize any bilateral or other meetings.

The chair said he would hold open-ended meetings from 6-7 October “regarding specific issues”.

He said that members should focus on the following issues in the draft text, “bearing in mind the need for flexibility as to formats and processes and the existence of clear links among the different parts of the text.”

According to the chair, the issues slated for discussion include Article 2 of the draft consolidated document on definitions.

The chair said that during the meeting on 21 July and his bilateral consultations with many delegates afterwards, it has emerged that the “need to define the term “fish” has been raised multiple times.”

Ambassador Wills said he would like to share his views and also seek members’ views on this issue.

In the draft consolidated text, the language included for definitions suggests: “For the purpose of this [Instrument]:

(a) “fishing” means searching for, attracting, locating, catching, taking or harvesting fish or any activity which can reasonably be expected to result in the attracting, locating, catching, taking or harvesting of fish;

(b) “fishing related activities” means any operation in support of, or in preparation for, fishing, including the landing, packaging, processing, trans-shipping or transporting of fish that have not been previously landed at a port, [as well as the provisioning of personnel, fuel, gear and other supplies at sea]; and

(c) “vessel” means any vessel, ship of another type or boat used for, equipped to be used for, or intended to be used for, fishing or fishing related activities at sea.”

The second issue that the chair would like to discuss is “whether there should be an exemption for natural disasters or similar events, whether any such exemption should be horizontal or pillar-specific, and how any such an exemption should be phrased.”

Ambassador Wills said that “members may also look at how the text might refer to and treat government-to- government payments under access agreements, and subsidies to artisanal fishing”.

The chair would like members to discuss Article 3.3 of the draft consolidated document dealing with IUU (illegal, unreported and unregulated) fishing determinations. The chair said that several elements in Article 3.3 need to be further clarified.

Ambassador Wills also wants to focus on the placeholder in Article 10 of the draft consolidated document regarding the issue of territoriality in the context of dispute settlement.

Essentially, the Chair is apparently bringing the difficult issue of institutional arrangement back to the negotiating table despite sharp differences among members.

The chair said that members must also discuss Article 3.4 and footnote 7 that reflects the UN Fish Stocks Agreement. “I believe its overall coherence with our work would benefit from clarification,” the chair said.

The chair said he will hold a heads of delegation (HoD) meeting on 9 October to discuss the issues that were highlighted in the October cluster.

The chair said he is encouraged “by the nature and level of engagement and participation that delegations have demonstrated so far.”

However, he emphasized two points in his email. Ambassador Wills urged members “to remain flexible” and stressed that “the specific issues selected for the cluster are not meant to indicate any prioritization.”

At the last HoD meeting on 29 September, several countries had asked the chair not to “prioritize” issues, and insisted that the chair must decide on the scope and sequencing of all the issues.

In effect, the issues proposed by the chair indicates an attempt to work towards a partial agreement of “low hanging fruits” by the end of the year, suggested a negotiator, who asked not to be quoted.